Centre Notifies Transfer Of Justice Annireddy Abhishek Reddy From Telangana High Court To Patna High Court

The Central Government on Thursday notified the transfer of Justice Annireddy Abhishek Reddy From Telangana High Court To Patna High Court. A notification issued in this regard reads thus:"In exercise of the power conferred by clause (1) of Article 222 of the Constitution of India, the President, after consultation with the Chief Justice of India, is pleased to transfer Shri Justice...

State Has No Power To Conduct A Caste-Based Survey, Sharing Its Data With Political Parties A Matter Of 'Great Concern': Patna HC

"The State has no power to carry out a caste-based survey, in the manner in which it is fashioned now, which would amount to a census, thus impinging upon the legislative power of the Union Parliament," the Patna High Court today observed as it put an interim stay on a caste-based census in the State.The bench of Chief Justice K. Vinod Chandran and Justice Madhuresh Prasad also called it a...

BREAKING | Patna High Court Puts An Interim Stay On State Govt's Decision To Conduct Caste-Based Census In Bihar

Hearing a plea challenging the Bihar Government’s decision to conduct a caste-based census in the State, the Patna Court today, in an interim order, stayed the census.The Court prima facie said that caste-based survey amounts to a census which the State Government has no power to carry out."Prima facie, we are of the opinion that the State has no power to carry out a caste-based survey, in...

Judge May Be Subjected To Disciplinary Action For Wrong Judgment Only If There Is "Definite Evidence" Of Extraneous Considerations: Patna High Court

“Putting a Judicial Officer to a departmental proceeding for a wrong order does not serve as a panacea for any ill which is being faced by the judiciary or for that matter any department of the Government. In fact, reckless proceeding only lowers the morale of the judiciary,” said the Patna High Court while granting relief to a woman judicial officer facing charges...

PIL In Patna HC Challenges State Govt’s Move To Amend Rule Under Prison Manual Concerning Early Release Of Life Convicts

A Public Interest Litigation (PIL) plea has been moved before the Patna High Court seeking to quash a circular issued by the Home Department (Prison), Bihar Government, on April 10, amending Rule 481 (i)(a) of Bihar Prison Manual, 2012 which deals with the early release of convicts serving life imprisonment. For context, the said rule forbade, among other things, the early release of...

Health Centre's Location Essentially Issue Of Executive Policy: Patna High Court Dismisses PIL For Additional PHC On Land Identified By Gram Sabha

While dismissing a PIL seeking a direction for construction of the Additional Primary Health Centre at village Nerthua under Nerthua Panchayat on the land selected by the Gram Sabha, the Patna High Court said that a decision as to where a healthcare centre should be located is essentially an issue of executive policy and the court cannot interfere with it.The petitioners had argued that a...

Can't Ascertain Veracity Of Marriage Certificate In Extraordinary Writ Jurisdiction, Approach Competent Court For Declaration: Patna High Court

The Patna High Court has held that a marriage certificate obtained under the Special Marriage Act, without proof of the fact that it was finally entered into the marriage certificate book as provided under Chapter III of the Special Marriage Act, is a mere "evidence of marriage" and not "proof of marriage in accordance with the Act".The bench of Justice Purnendu Singh held, “Section 18 of...

After His Acquittal In FIR Alleging Forgery Of Marksheet, Patna High Court Asks Authorities To Consider Ex-Health Manager’s Claim For Reinstatement

The Patna High Court has directed the authorities to consider the case of an employee who was terminated from his service due to alleged forgery of a marksheet but was later acquitted by the trial court in the related criminal case.The division bench of Justices Harish Kumar and Ashutosh Kumar observed that,“The engagement of the appellant was dispensed with only on account of discovery...

'Modi Thieves' Remark| High Court Stays Defamation Proceedings Against Rahul Gandhi Pending In Patna Court Till May 15

The Patna High Court today stayed proceedings pending before the Patna court in a criminal defamation case against Congress leader Rahul Gandhi filed by the Rajya Sabha MP Sushil Kumar Modi in Patna Court over his 'Modi-Theives' remark, till May 15.The bench of Justice Sandeep Singh passed this order in a quashing petition moved by Gandhi in the year 2019. The matter was mentioned before...

'Modi Thieves' Remark| 'Defamation Case Pending In Patna Court Hit By Double Jeopardy Doctrine', Rahul Gandhi Submits In High Court

An affidavit has been filed on behalf of Rahul Gandhi before the Patna High Court contending that the Defamation case filed against him by Rajya Sabha MP Sushil Kumar Modi in Patna Court over his 'Modi-Theives' remark, is hit by the doctrine of “double jeopardy”.It may be noted that the supplementary affidavit has been filed in the quashing plea filed by Rahul Gandhi in the year...

Bihar Industrial Investment Promotion Policy Does Encourage Manufacturing Industries But No Bar On Establishment Of Other Industries: Patna High Court

The Patna High Court recently allowed a writ petition of M/S Kaveri Liquors (P) Ltd. for change of nature of its industry to a 'hotel industry' on the land allotted by Bihar Industrial Area Development Authority (BIADA). The bench of Justice Sanjeev Prakash Sharma observed:“The nature of an industry has not been limited to a particular field under the Act. Of course, the Policy, 2016...

Patna High Court Dismisses Appeal Seeking Benefit Of Pension Scheme For Employees Of Bihar Industrial Area Development Authority

Dismissing a plea of the employees of Bihar Industrial Area Development Authority (BIADA) for grant of pension, the Patna High Court said that notwithstanding the fact that under the BIADA Act, it is stipulated that every employee of the BIADA would be deemed to be a Public Servant within the meaning of Section 21 of the Indian Penal Code, by no stretch of imagination it would make a...